What Version

Advanced Features

Opening Options

More Resources

Status:

This is the original version (as it was originally enacted).

1Offence of female genital mutilation

(1)A person who performs an action mentioned in subsection (2) in relation to the whole or any part of the labia majora, labia minora, prepuce of the clitoris, clitoris or vagina of another person is guilty of an offence.

(2)Those actions are—

(a)excising it;

(b)infibulating it; or

(c)otherwise mutilating it.

(3)No offence under subsection (1) is committed by an approved person who performs an action mentioned in subsection (4).

(4)Those actions are—

(a)a surgical operation on another person which is necessary for that other person’s physical or mental health; or

(b)a surgical operation on another person who is in any stage of labour or has just given birth, for purposes connected with the labour or birth.

(5)The following are, for the purposes of this Act, approved persons—

(a)in relation to an action falling within paragraph (a) of subsection (4), a registered medical practitioner;

(b)in relation to an action falling within paragraph (b) of that subsection, a registered medical practitioner, a registered midwife or a person undergoing a course of training with a view to becoming such a practitioner or midwife.

(6)For the purposes of determining whether an operation is necessary for the mental health of a person, it is immaterial whether that or any other person believes that the operation is required as a matter of custom or ritual.

2Modification of section 1

(1)The Scottish Ministers may by order modify section 1 so as to—

(a)add or remove an action to or from those actions for the time being listed in subsection (2) of that section;

(b)vary an action for the time being listed in that subsection;

(c)add an action to those for the time being listed in subsection (4) of that section and, in relation to that action, define “approved persons”;

(d)remove an action added under paragraph (c) and any related definition of “approved persons”; or

(e)vary—

(i)an action added under paragraph (c); or

(ii)any related definition of “approved persons”.

(2)An order under this section is to be made by statutory instrument.

(3)No such order is to be made unless a draft of it has been laid before and approved by a resolution of the Scottish Parliament.

3Aiding and abetting female genital mutilation

(1)A person who aids, abets, counsels, procures or incites—

(a)a person to commit an offence under section 1;

(b)another person to perform an action mentioned in section 1(2) in relation to the whole or any part of that other person’s own labia majora, labia minora, prepuce of the clitoris, clitoris or vagina; or

(c)a person who is not a United Kingdom national or permanent United Kingdom resident to do a relevant act of genital mutilation outside the United Kingdom,

commits an offence.

(2)An act is a relevant act of genital mutilation if it would, if done by a United Kingdom national or permanent United Kingdom resident, constitute an offence under section 1.

(3)No offence under subsection (1)(c) is committed if the relevant act of genital mutilation—

(a)is an action mentioned in section 1(4); and

(b)is performed by a person who, in relation to the action, is an approved person or provides services corresponding to those of an approved person.

4Extension of sections 1 and 3 to extra-territorial acts

(1)Sections 1 and 3 extend to any act done outside the United Kingdom by a United Kingdom national or permanent United Kingdom resident.

(2)No offence under section 1 is committed by a person who—

(a)outside the United Kingdom, performs an action mentioned in subsection (4) of that section; and

(b)in relation to the action, provides services corresponding to those of an approved person.

(3)If an offence under this Act is committed outside the United Kingdom—

(a)it may be treated as having been committed in any place in Scotland; and

(b)proceedings may be taken accordingly.

5Penalties for offences

A person guilty of an offence under this Act is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both);

(b)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).

6Definitions

In this Act—

“United Kingdom national” is an individual who is—

(a)

a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

(b)

a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

(c)

a British protected person within the meaning of that Act;

“permanent United Kingdom resident” is an individual who is settled in the United Kingdom (within the meaning of the Immigration Act 1971 (c. 77)).

7Amendment and repeal

(1)In Schedule 1 to the Criminal Procedure (Scotland) Act 1995 (c. 46) (offences against children under 17 to which special provisions apply), after paragraph 2 there is inserted—

“2AAny offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005 where the person mutilated or, as the case may be, proposed to be mutilated, is a child under the age of 17 years.”.

Options/Help

Print Options

Print The Whole Act

Print The Act without Schedules

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Opening Options

Different options to open legislation in order to view more content on screen at once

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enacted version that was used for the print copy

lists of changes made by and/or affecting this legislation item

confers power and blanket amendment details

all formats of all associated documents

correction slips

links to related legislation and further information resources

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enacted version that was used for the print copy